Compliance requirements
The bidder will be excluded if the bidder or a relevant director, manager, supervisory board member, authorised representative or controller has been convicted of participation in a criminal organisation, breach of the duty of integrity, corruption, fraud, terrorism-related offences, money laundering, terrorist financing, unlawful employment of foreign nationals, violations concerning foreign nationals’ employment conditions, illegal child labour or human trafficking.
The bidder will also be excluded if it has outstanding state tax, levy, environmental charge, tax or social security contribution debts under the applicable law, or if awarding the contract would breach an international or government sanction. The contracting authority may exclude a bidder that has seriously or repeatedly breached an important term of a previous public contract, resulting in termination, withdrawal, a price reduction, compensation or a contractual penalty. It may also exclude a bidder that has submitted false information or failed to provide required information or additional documents.
The bidder must submit the declarations confirming the absence of exclusion grounds using Annex 5. In a joint tender, each joint bidder must submit the applicable declarations.
Qualification criteria and exclusion grounds
The bidder must be registered in the commercial register of a European Union Member State, a European Economic Area contracting state or a country that has joined the WTO Government Procurement Agreement, where registration is required by the law of the bidder’s country of establishment. At the contracting authority’s request, the bidder must provide a valid copy of the registration certificate; a bidder established in Estonia does not have to provide this copy.
The bidder must be an official reseller or partner of Atlassian products in Estonia and must hold the “Licence Management” service entitlement. This entitlement must be verifiable in Atlassian’s partner directory, or the bidder must provide a copy of a confirmation letter or other document issued by the manufacturer.
The bidder must submit the participation application and provide the tender price in euros in the required structure and using the Annex 7 price submission form. All required table fields must be completed, and the price submission form may not be amended or supplemented. If the unit price differs from the total calculated by multiplying the unit price by the quantity, the unit price will prevail. If the amount in the price submission form differs from the amount entered in the procurement system, the VAT-exclusive total shown in the price submission form will prevail.
The tender must comply with the procurement documents. If an equivalent solution is offered, its equivalence must be explained and supporting evidence must be attached. Conditional tenders are not permitted.
For a joint tender, all joint bidders must submit the required declarations. A power of attorney signed by all joint bidders must appoint an authorised representative and confirm joint and several liability. The bidder must identify any information claimed as a trade secret and justify that designation, or confirm that the tender contains no trade secrets.